Cruisers Forum
 


Reply
  This discussion is proudly sponsored by:
Please support our sponsors and let them know you heard about their products on Cruisers Forums. Advertise Here
 
Thread Tools Search this Thread Rate Thread Display Modes
Old 15-08-2020, 21:06   #1
Registered User

Join Date: Jul 2020
Boat: Catalina 30
Posts: 47
Mooring Failed - Now what?

I was just contacted by the marina that my mooring ball failed last night. It drifted across the mooring field, apparently missing the other boats, and ended up against the shore about a mile away. The marina was not initially able to reach me, but luckily there is someone I trust who knows the combination on my padlock who they called, and was able to get to the boat, inspect it for damage, and move it to a new mooring ball.

The failure was not our lines, the mooring ball came off its chain.

It seems thus far the only damage was cosmetic. The boat is still in the water. I have a few questions:

1. It seems clear to me that the marina should be responsible for rescue costs and any damage. I got a bill from the person who took care of it; if I submit that to the marina, along with estimates for any damage, they should reimburse me, right?

2. Is there anything I need to look for specifically? The boat would be coming out of the water end of September, anyway. Is there any reason to haul it out now to inspect for damage (and, if so, should the marina cover it)? There is no local marine surveyor, so Iím relying mostly on my friendís report.

3. Assuming I donít haul it now, is it inappropriate to politely put the marina on notice that if we see anything when it comes out, they will be responsible?

Thank for any guidance. Iím a little freaked out at the moment. Every time I leave the boat on its mooring, I get a tinge of worry, but Iíve always dismissed that as silly. Also, Iím surprised the marina didnít take direct responsibility to rescue my boat.
DanielI is offline   Reply With Quote
Old 15-08-2020, 22:36   #2
Registered User
 
Uncle Bob's Avatar

Join Date: May 2010
Location: Sydney Australia
Boat: Fisher pilothouse sloop 32'
Posts: 2,183
Re: Mooring Failed - Now what?

Quote:
Originally Posted by DanielI View Post
I was just contacted by the marina that my mooring ball failed last night. It drifted across the mooring field, apparently missing the other boats, and ended up against the shore about a mile away. The marina was not initially able to reach me, but luckily there is someone I trust who knows the combination on my padlock who they called, and was able to get to the boat, inspect it for damage, and move it to a new mooring ball.

The failure was not our lines, the mooring ball came off its chain.

It seems thus far the only damage was cosmetic. The boat is still in the water. I have a few questions:

1. It seems clear to me that the marina should be responsible for rescue costs and any damage. I got a bill from the person who took care of it; if I submit that to the marina, along with estimates for any damage, they should reimburse me, right?

2. Is there anything I need to look for specifically? The boat would be coming out of the water end of September, anyway. Is there any reason to haul it out now to inspect for damage (and, if so, should the marina cover it)? There is no local marine surveyor, so Iím relying mostly on my friendís report.

3. Assuming I donít haul it now, is it inappropriate to politely put the marina on notice that if we see anything when it comes out, they will be responsible?

Thank for any guidance. Iím a little freaked out at the moment. Every time I leave the boat on its mooring, I get a tinge of worry, but Iíve always dismissed that as silly. Also, Iím surprised the marina didnít take direct responsibility to rescue my boat.

Hi, is the mooring one that you rent, owned by the marina, or one that you have had installed yourself.
If rented what does the rental agreement say?
__________________
Rob aka Uncle Bob Sydney Australia.

Life is 10% the cards you are dealt, 90% how you play em
Uncle Bob is online now   Reply With Quote
Old 15-08-2020, 23:22   #3
Registered User

Join Date: Jul 2020
Boat: Catalina 30
Posts: 47
Re: Mooring Failed - Now what?

Quote:
Originally Posted by Uncle Bob View Post
Hi, is the mooring one that you rent, owned by the marina, or one that you have had installed yourself.
If rented what does the rental agreement say?

Rented. Looked at the rental agreement, and it has a pretty lengthy waiver in it. When I signed it, it didn't occur to me that I might be waiving my right that the mooring actually be in good working order and properly maintained. And, I don't know that I could prove negligence on their part, although it seems unlikely to me that a properly maintained mooring would break loose in mild weather.


I could consult a lawyer, I guess, but I'm more wondering whether this is a normal thing to have happen, and if normally marinas take responsibility. Or is there no normal?
DanielI is offline   Reply With Quote
Old 15-08-2020, 23:28   #4
Registered User

Cruisers Forum Supporter

Join Date: May 2011
Location: Miami Florida
Boat: Ellis Flybridge 28
Posts: 3,760
Re: Mooring Failed - Now what?

Contact your insurance company. They’ll take care of you and get reimbursed if possible from the marina.
__________________
Retired from Hopkins-Carter Marine Supplies
HopCar is online now   Reply With Quote
Old 15-08-2020, 23:35   #5
Registered User
 
Uncle Bob's Avatar

Join Date: May 2010
Location: Sydney Australia
Boat: Fisher pilothouse sloop 32'
Posts: 2,183
Re: Mooring Failed - Now what?

Quote:
Originally Posted by DanielI View Post
Rented. Looked at the rental agreement, and it has a pretty lengthy waiver in it. When I signed it, it didn't occur to me that I might be waiving my right that the mooring actually be in good working order and properly maintained. And, I don't know that I could prove negligence on their part, although it seems unlikely to me that a properly maintained mooring would break loose in mild weather.


I could consult a lawyer, I guess, but I'm more wondering whether this is a normal thing to have happen, and if normally marinas take responsibility. Or is there no normal?
Sadly the reaction from many "marine professionals"is one of disdain for those affected by their obvious negligence, including insurance companies. You say the damage is cosmetic so I would humbly suggest that suck it up , perhaps asking the marina if they feel it would be appropriate to haul the boat and inspect, being as it is after all their mooring, at their expense.
The legal path usually is not worth it for relatively minor "happenings".
Go forth and enjoy what is left of your season.
__________________
Rob aka Uncle Bob Sydney Australia.

Life is 10% the cards you are dealt, 90% how you play em
Uncle Bob is online now   Reply With Quote
Old 16-08-2020, 08:32   #6
Registered User

Join Date: Oct 2019
Posts: 295
Re: Mooring Failed - Now what?

I doubt if they would haul you out for nothing as it could be conceived that they were admitting they were at fault. The key to their responsibility is in the rental contract and discussing the damage with the marina and/or a lawyer. But he will probably charge you $500 to read it. My boat broke loose from its moorings in a storm and the problem was the swivel joint in the chain. That needs to be inspected on a regular basis.
Stewie12 is offline   Reply With Quote
Old 16-08-2020, 08:34   #7
Registered User
 
mvmojo's Avatar

Join Date: Mar 2018
Location: www.mvmojo.com
Boat: Robt Beebe Passagemaker 49-10 in steel
Posts: 340
Re: Mooring Failed - Now what?

I'm in the same camp as HopCar... turn it over to your insurance company. Ask if they want the boat hauled to inspect for underwater damage, etc. Ask them to subrogate against the marina. They've got lawyers for that sort of thing!
mvmojo is offline   Reply With Quote
Old 16-08-2020, 08:47   #8
Registered User

Join Date: Dec 2018
Posts: 40
Re: Mooring Failed - Now what?

"When I signed it, it didn't occur to me that I might be waiving my right that the mooring actually be in good working order and properly maintained."
Not a defense. If you signed a waiver, retaining a lawyer will be throwing good money after bad.
patrickbarbary is offline   Reply With Quote
Old 16-08-2020, 09:16   #9
Registered User

Join Date: Jan 2015
Location: SoCal
Boat: Formosa 30 ketch
Posts: 735
Re: Mooring Failed - Now what?

It would seem to me that if the marina requires you to have liability insurance, they would have it also.
But they will probably weasel out.
Bill Seal is offline   Reply With Quote
Old 16-08-2020, 09:29   #10
Registered User
 
Orion Jim's Avatar

Join Date: Dec 2008
Location: Noank, Ct. USA
Boat: Cape Dory 31
Posts: 2,247
Images: 8
Re: Mooring Failed - Now what?

Quote:
Originally Posted by patrickbarbary View Post
"When I signed it, it didn't occur to me that I might be waiving my right that the mooring actually be in good working order and properly maintained."
Not a defense. If you signed a waiver, retaining a lawyer will be throwing good money after bad.
Frequently liability waivers are in direct conflict with case law....they all like to get away with anything they can.
Turn it over to your insurance company. If not satisfied with with the performance of their lawyers you may hire your own....at your expense, which can be considerable.
Orion Jim is offline   Reply With Quote
Old 16-08-2020, 10:15   #11
Registered User

Join Date: Apr 2020
Location: Arlington, VA
Boat: Tasman 26
Posts: 30
Re: Mooring Failed - Now what?

You are managing risk here. If the damage is truly cosmetic and you are confident, then move on. But if there is any damage fund later when you slip the boat, not having raised it will not be good.

So, start with your insurance company. They will initially assess liability (ie cost to them and likelihood of winning including the 'waiver's' legality). That's free legal advice because if they won't pursue, other than through laziness, you are unlikely to win with a lawyer you call.

If they do think you have a claim, they will want the boat slipped and surveyed. You may have to pay the yard upfront but reimbursement through the insurance company would come from there. The costs of 'towing' should also come out your insurance, otherwise what is it covering?

Even if you slip in Sept, the fact you called and raised the issue gives some continuity and an argument the damage was caused at that time.

For peace of mind, that phone call will help.
TomThumb is offline   Reply With Quote
Old 16-08-2020, 10:23   #12
Registered User
 
northwestsailor's Avatar

Join Date: Nov 2009
Location: TromsÝ, Norway
Boat: Meta Arctic Voyager 47
Posts: 364
Images: 13
Send a message via AIM to northwestsailor Send a message via Skype™ to northwestsailor
Re: Mooring Failed - Now what?

Interesting that this question should come up. Two evenings ago a very nice solid past us, went underneath the Coronado Bridge and into Glorieta Bay. Somehow the Harbor Police got involved and some locals here in the moorage went out and saved the day. Details are sketchy. When we saw the boat in Glorieta that ball was still attached and the anchor down. They took another vacant ball for the night and yesterday the Moorage company spent half the day resetting the ball and moving the boat back to its rightful spot. I am pretty confident we will all get our setups checked in the coming days.
__________________
Victor Raymond
M/V Arktika
1984 Meta Arctic Voyager 47
northwestsailor is offline   Reply With Quote
Old 16-08-2020, 10:47   #13
Marine Service Provider

Join Date: Feb 2012
Location: Vienna, Austria
Boat: Vagabond 47
Posts: 574
Re: Mooring Failed - Now what?

looks like an US claim. For Croatia - these guys down there are responsible for nothing. Not even for damages on a paid marina car parking lot and especially not for any damages on rented buoys even if they are guilty of "gross carelessness".

So read the damn contract before you sign it and do always put 2 lines in the chain and not on the buoy. THIS is good practice which will not prevent you from drifting when the chain to block connection is not properly maintained or the block itself is far to lightweight for your boat.

All the best for your case.
moseriw is offline   Reply With Quote
Old 16-08-2020, 11:04   #14
Registered User

Join Date: Jan 2009
Location: Corpus Christi, TX
Boat: 1975 Morgan OI ketch
Posts: 31
Re: Mooring Failed - Now what?

one thing to consider -- not sure how available moorage is in your area or how attractive the moorage fees were, but once you start a fight you will be unlikely to be allowed back in.

I'm in a place where affordable moorage is precious...
Mother1ship is offline   Reply With Quote
Old 16-08-2020, 11:31   #15
Registered User

Join Date: Mar 2015
Posts: 667
Re: Mooring Failed - Now what?

Quote:
Originally Posted by HopCar View Post
Contact your insurance company. Theyíll take care of you and get reimbursed if possible from the marina.
Call your insurance company.
guyrj33 is offline   Reply With Quote
Reply

Tags
mooring

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
For Trade: Mooring in Lake Champlain for Mooring in Long Island Sound SVGloryBe Classifieds Archive 0 10-03-2015 19:19
6 day itinerary in BVI with kids mooring to mooring askdad Atlantic & the Caribbean 15 04-04-2013 10:09
6 day itinerary in BVI with kids mooring to mooring askdad Sailor Logs & Cruising Plans 1 16-03-2013 04:11
Electrified Mooring Field? Mooring Power Mule Electrical: Batteries, Generators & Solar 31 08-04-2010 08:00
Failed throughulls? sneuman Construction, Maintenance & Refit 2 07-04-2007 13:02

Advertise Here


All times are GMT -7. The time now is 01:02.


Google+
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2021, vBulletin Solutions, Inc.
Social Knowledge Networks
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2021, vBulletin Solutions, Inc.

ShowCase vBulletin Plugins by Drive Thru Online, Inc.